Ali78

Hi All,
Can anybody help me out. I am British national married to an Indian girl for 5 years and living in India for the same time. Now I have recently returned to UK and want to invite my wife to get permanently settled here. Should I ask her to apply for Settlement Visa in India.

I have heard on this forum that she can get Indefinite Visa since we have been married for more than 4 years and had lived together during the same time. In addition, how long does it take to get the visa stamped. Also to get her British passport.

Thanks in advance.

Ali

JAJ

Start at http://www.ukvisas.gov.uk

Ali78

I have gone throug this link. But there were still confusions..

• CAN She get Indefinite Visa since we have been married for more than 4 years and had lived together during the same time.
• In addition, how long does it take to get the visa stamped.
• Also to get her British passport i.e minimum time period.

roaringmouse

The KOL (Life in the UK) test needs to be already passed for this - the test can only be taken in the UK. Or, if English isn't of a high enough standard (lower then ESOL Entry 3) attendance of combined ESOL & citizenship classes (link).

Even if your spouse already meets the above requirement, there is also the other part of the relevant rule (Para 281 (i)(b)(i)) which says "the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom".

As you're already living in the UK, I don't know how strictly this is applied - as in you might have scuppered your chances of ILE for your spouse at this stage because you are now living in the UK, and the rule refers to both parties living together outside the UK at the time of application. If that's the case, your spouse will get temporary leave and will need to apply for ILR around 2 years after arriving.
Once it is granted - check the guide to processing times on the UK Visas website (a clear link to this is on the main page of the UK Visas website).
If married to a British citizen at the time of application of citizenship, then it is 3 years residence when you can first apply for citizenship. There are allowances for some time outside the UK (i.e. holidays), and you should also note that the applicant needs to have been in the UK on the day 3 years before the application is lodged.

Citizenship will take however long to process, followed by a citizenship ceremony - once that is completed a passport can be applied for.

Pauljarv

Not that I want to sound insensitive - god knows I've asked enough daft questions on here but did you really not look into this until you left and got back to the UK? Won't it be abit tricky if the answer is that you both have to start the process together back in India?

From my personal circumstances I've been married to a US citizen since 2004,we applied for her visa a good year before we wanted to leave and now she's back she has CP KOL REQ in her passport which, I believe means she has to pass the Life in the UK test then apply for ILR. Rather than having to wait 2 years and then apply we can do this now because we've been married for more than 4 years.